New National Minimum Wage and Earnings Thresholds From 1 March 2021 (N.B. The increases highlighted below are extracted from the Employment and Labour Minister’s announcement of 9 February 2021, and emphasis has been supplied where helpful in enabling quick identification of your employment sector. Comment is in square brackets) “The National Minimum Wage (NMW) for...

Can Employees Resign to Dodge Disciplinary Hearings? “…an employee who gives short notice in violation of the contract … may be obliged to serve out the notice period” (Quoted in the judgment below) It’s an age-old workplace dodge – threatened with a disciplinary hearing and fearing a guilty verdict, an employee resigns with immediate effect...

Landlords: Can You Cut Electricity to Collect Arrears or Evict? “It is a fundamental principle that no man is allowed to take the law into his own hands” (Transvaal Supreme Court, 1906) Landlords can be sorely tempted to force defaulting tenants to settle their arrears (or to vacate the premises altogether) with a bit of...

Buying and Selling Property: Nine Important Questions “Owning a home is a keystone of wealth… both financial affluence and emotional security” (Personal Finance Expert Suze Orman) When you buy or sell your “Home Sweet Home”, particularly for the first time, the process can seem complicated, the terminology confusing, and the risks of making a costly...

“Pyrrhic victory”, n. A very costly victory, wherein the considerable losses outweigh the gain, so as to render the struggle not worth the cost (Wiktionary) With our economic woes unlikely to abate any time soon, expect an increasing number of your debtors to find themselves in financial difficulty. If you end up litigating against any...

“No matter how much you’ve been warned, Death always comes without knocking” (Margaret Atwood) No one wants to contemplate their own passing, but the reality is that sooner or later it is inevitable, and particularly in these dangerous times we need always to be prepared. The loss of a loved one is always distressing. It...

“…a third party is expected to do more than rely upon a bold assurance by another party regarding his or her marital status” (quoted in judgment below) If you are taking advantage of our current low interest rates and reduced selling prices to buy a property, make sure that you establish the seller’s marital status...

“7,000 people have already been arrested for not wearing masks and most of them now have criminal records” (Police Minister Bheki Cele in mid-January) We all know that wearing a face mask is the right and the safe thing to do, but it is also a legal requirement – and it’s one that you really...

How to stop vital evidence being destroyed You suspect that someone you are suing (or about to sue) will destroy or hide vital evidence in their possession. Perhaps by shredding documents or deleting electronic records supporting your case, or perhaps by spiriting away computer hard drives full of incriminating information. You fear that if they...

Unlawful Occupiers: Eviction is possible, but neither quick nor easy “Buy land” said Mark Twain, “they’re not making it anymore.” With the first green shoots of a property market recovery supposedly now showing through perhaps this is indeed the time to take his advice. Just be sure, if the property you have your eye on...